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Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Book part
Publication date: 28 February 2019

Livia Holden

This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution of…

Abstract

This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution of social sciences to the resolution of disputes and the protection of human rights. The first section of this chapter provides a short historical outline of the occurrence and reception of anthropological expertise as expert witnessing. The second section surveys the theoretical reflections on anthropologists’ engagement with law. The third section explores the potential for anthropological expertise as a broader socio-legal notion in the common law and civil law legal systems. The chapter concludes with the opportunity and raison d’être of cultural expertise grounded on a skeptical approach to culture. It suggests that expert witnessing has been viewed mainly from a technical perspective of applied social sciences, which was necessary to set the legal framework of cultural experts’ engagement with law, but had the consequence of entrenching the impossibility of a comprehensive study of anthropological expert witnessing. While this chapter adopts a skeptical approach to culture, it also argues the advantages of an interdisciplinary approach that leads to an integrated definition of cultural expertise.

Book part
Publication date: 28 February 2019

Taina Cooke

In this chapter, I examine the informal cultural expertise utilized in the District Courts and Courts of Appeal of two Finnish cities. I argue that the parties that serve as…

Abstract

In this chapter, I examine the informal cultural expertise utilized in the District Courts and Courts of Appeal of two Finnish cities. I argue that the parties that serve as providers of “cultural expertise” are manifold and include eyewitnesses, interpreters, and even the courts themselves. I examine the challenges regarding the informal use of cultural expertise, drawing from debates that consider the relationship between an “insider-expert” and a “trained-expert” in acting as a cultural mediator.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Book part
Publication date: 28 February 2019

Ruth M. Mestre i Mestre and Sara Johnsdotter

This chapter discusses adjudication, expertise, and cultural difference as it appears in criminal court cases concerning female genital cutting (FGM) in the EU, as reported in a…

Abstract

This chapter discusses adjudication, expertise, and cultural difference as it appears in criminal court cases concerning female genital cutting (FGM) in the EU, as reported in a 2015 comparative overview. It begins with the distinction between typical and atypical FGM cases; a distinction that connects court cases to the cultural realities of the practicing communities, suggesting that the lack of cultural knowledge can cause unnecessary suffering to families and/or individuals who wrongly undergo prosecution in alleged FGM cases. A contrario, the intervention of experts in FGM court cases could be a positive approach to assessing the legitimacy of public intervention in certain cases.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Book part
Publication date: 28 February 2019

Antonello Ciccozzi and Giorgia Decarli

This chapter contributes to a corpus of legal–anthropological studies concerning the role of cultural experts in legal institutions. It begins by identifying the reasons behind…

Abstract

This chapter contributes to a corpus of legal–anthropological studies concerning the role of cultural experts in legal institutions. It begins by identifying the reasons behind the fragile collaboration between Italian courts and cultural experts and outlining some of the consequences of this relationship. It then presents a collection of cases involving cultural experts including a focus on the L’Aquila trial recounted from first-hand experience by Antonello Ciccozzi, the anthropologist who acted as expert consultant. The conclusions attempt to summarize the “state of the art” of cultural expertise in Italian courts today and call for greater collaboration between law and anthropology as a means of guaranteeing a fair trial.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Book part
Publication date: 28 February 2019

Caroline Simon, Barbara Truffin and Anne Wyvekens

Based on extensive empirical fieldworks conducted in Belgian and French family justice courtrooms in order to explain how culture and ethnicity are processed and understood in the…

Abstract

Based on extensive empirical fieldworks conducted in Belgian and French family justice courtrooms in order to explain how culture and ethnicity are processed and understood in the daily reasoning and assumptions of legal professionals, this chapter analyzes different forms in which culture and ethnicity are framed in family law cases. Understanding how and along which dimensions these elements do vary in judicial reasoning constitutes the preliminary but necessary step before assessing the need of cultural expertise as such. In this attempt, we shed light on a scope of variations between complex and non-deterministic models of culture – consistent with contemporary anthropology literature – and more simplistic ones, in which culture and identity are conceived as fixed realities. Throughout this path between norms, facts, and stereotypes, we illustrate not only the multiplicity and complexity of forms which cultural elements can take in the exercise of family justice, but also the risks that some significances may carry with them and the urgent need to improve more fluid and dispassionate conceptions of cultural diversity before developing “cultural expertise” as such, an expertise that could otherwise reinforce stereotypical and fixed views of “cultures.”

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Book part
Publication date: 2 May 2015

Carlos J. Torelli and Jennifer L. Stoner

To introduce the concept of cultural equity and provide a theoretical framework for managing cultural equity in multi-cultural markets.

Abstract

Purpose

To introduce the concept of cultural equity and provide a theoretical framework for managing cultural equity in multi-cultural markets.

Methodology/approach

Recent research on the social psychology of globalization, cross-cultural consumer behavior, consumer culture, and global branding is reviewed to develop a theoretical framework for building, leveraging, and protecting cultural equity.

Findings

Provides an actionable definition for a brand’s cultural equity, discusses consumer responses to brands that relate to cultural equity, identifies the building blocks of cultural equity, and develops a framework for managing cultural equity.

Research limitations/implications

Research conducted mainly in large cities in North and South America, Europe, the Middle East, and East Asia. Generalizations to less developed parts of the world might be limited.

Practical implications

A very useful theoretical framework for managers interested in building cultural equity into their brands and for leveraging this equity via new products and the development of new markets.

Originality/value

The paper integrates past findings across a variety of domains to develop a parsimonious framework for managing cultural equity in globalized markets.

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Brand Meaning Management
Type: Book
ISBN: 978-1-78441-932-5

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Book part
Publication date: 9 August 2005

Mary B. Teagarden, Ellen A. Drost and Mary Ann Von Glinow

The literature on academic international research teams (AIRTs) has drawn conclusions and made recommendations based on cross-sectional “snapshots” of the research team process …

Abstract

The literature on academic international research teams (AIRTs) has drawn conclusions and made recommendations based on cross-sectional “snapshots” of the research team process – observations made prior to the conclusion of the research project. Several large-scale AIRTs have now evolved through a life cycle including result-related publications. We evaluate and extend the literature using a project life cycle perspective, in which each stage exhibits different challenges and opportunities that influence the quality, reliability and validity of the final research output and the overall viability of the knowledge-creation project. We conclude with recommendations for the effective management of AIRTs and, indeed, perhaps all multinational, globally distributed teams engaged in both basic and applied knowledge creation.

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Managing Multinational Teams: Global Perspectives
Type: Book
ISBN: 978-1-84950-349-5

Book part
Publication date: 28 February 2019

João Teixeira Lopes, Anabela Costa Leão and Lígia Ferro

Cultural expertise can play a relevant role in countries where cultural diversity marks social life, as in the case of Portugal, a country where migration always characterized its…

Abstract

Cultural expertise can play a relevant role in countries where cultural diversity marks social life, as in the case of Portugal, a country where migration always characterized its past and continues to influence the present, and where the presence of ethnic and religious minorities must be noticed. In this chapter, we aim to survey the use of cultural mediation in Portuguese law, as well as case law and culture centered mediation out of courts, in order to understand whether the concept of cultural expertise, in a broad sense, might be useful. Although it is a “contested concept,” culture is understood, for the purposes of this chapter, in a dynamic and non-essentialist sense, as a valuable asset providing context and significance to people’s lives. Assuming that the State is not “culturally neutral” and that its institutions somehow reflect the established culture, issues of equality and demands for cultural recognition will necessarily arise. However, it is the duty of the State to respect and protect cultural identity. Even though cultural expertise may become relevant in several domains of the State, particular attention is given in this chapter to the role played by cultural arguments and cultural expertise in courts in Portugal. Cultural expertise is also very relevant for social intervention, and it is mobilized in the processes of cultural mediation. These processes have a low level of institutionalization in Portugal, since it is not routinely recognized in the implementation of public policies as an autonomous professional profile.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Book part
Publication date: 28 February 2019

Ann Black

British colonization of Australia had lasting consequences for Australia’s legal system. Although designed as a “one law for all system” based on the English common law, the…

Abstract

British colonization of Australia had lasting consequences for Australia’s legal system. Although designed as a “one law for all system” based on the English common law, the reality was, and is, that there have always been people regulating their lives according to their own distinctive culture and religion. Recognition of de facto legal pluralism, has only recently given rise to instances of de jure legal recognition. The latter necessitated a role for cultural expertise in a range of legal cases. The first considered is how social science expertise was employed in redressing the dispossession of the continent’s first peoples: indigenous Australians and Torres Strait Islanders. The landmark case of Mabo No 2 laid the legal ground for native title land ownership which fueled a demand for cultural experts in indigenous traditions, laws, and customs. The second aspect is Australia’s response to recent immigration from non-European nations, including from Muslim countries. Many Muslims continue to regulate their interpersonal relationships exclusively, or partially, by principles of Islamic law and their “homeland” culture. This is particularly evident in family matters and the prism for exploring the nascent role for cultural expertise is through post-divorce parenting orders. The third issue is the extent to which a court can accept an accused’s cultural practice or religious belief as a defense to a criminal act or omission. In all three, who is a “cultural expert” can be contentious. While cultural expertise in indigenous matters is well established, the role for cultural experts in the resolution of family disputes and criminal cases is just emerging.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

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